Daliarw
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# Posted: 24 Sep 2010 20:43
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http://www.radiationresearch.org/legal.asp
Legal Issues
Here we present the latest legal issues that are relevant to the association between electromagnetic fields and health.
German lawyers Sven Leistikow, are dedicating themselves to defending wireless victims, aiming to "improve the situation for all injured by electromagnetic radiation is the goal of our activity". For more information, please refer to their website.
Tunisian court has recognized the danger of masts
Publication Date: 3rd July 2010 | View full story
The Court of Appeal of Tunis ordered the dismantling of a base station installed on the roof of a villa in a residential neighborhood in the capital on behalf of uncertainties about its impact on the health of residents. Seized in an emergency procedure by the trustee of the local residents, the judge ruled that the risk was significant for the health of residents on the basis of a report of an expert appointed for this purpose. The latter noted that electromagnetic waves generated by antennas can have adverse health effects even if they are installed at a distance of 100 meters.
Referring to Article 99 of the Code of Obligations and Contracts, the Court of Appeal held that "even if current scientific knowledge does not allow to determine with certainty the exact impact of electromagnetic orders, there is a risk impact on the health of residents. This decision has confirmed the sentence imposed earlier by the Court of Appeal Sfax against one of the mobile operators, whereas the presence of an antenna relay near habitation is a disorder Neighbourhood repaired by removing the antenna.
[Read More]
Conservative planning green paper
Publication Date: 10th April 2010 | View full paper
David Cameron and Caroline Spelman recently published the Conservative Party's Planning Green Paper entitled Open Source Planning. This document outlines their current position on mobile phone masts. The relevant section to mobile phone masts is produced in full below.
Mobile phone masts are an important part of the nation's infrastructure, especially given the growing demand for mobile data services. But there has been significant public concern about masts being erected with little consultation and in an insensitive manner. We believe that all types of mobile phone masts in England (including Network Rail, TETRA and small / pico masts) must be subject to the same, full planning process as other forms of development, so giving local communities a greater say on where they are located. We will also review the case for greater incentives for operators to share masts and allow domestic roaming, and will investigate new technologies, such as WiMAX and wireless broadband, which have the potential to reduce the number of new masts required. And we will review potential health issues related to mobile phone masts in the light of ongoing scientific research.
[Read More]
Collateral Damage - article in the American Trial Lawyer
Publication Date: 18th December 2009 | View full document
George Carlo and Milt Bowling have teamed together to write this excellent article, covering the extensive possible damage to human health that may be being caused by the mobile phone industry, considered acceptable due to the large profits the industry bring in as compensation.
"AMERICANS LOVE WIRELESS GADGETS. AND THE TRILLION DOLLAR WIRELESS INDUSTRY LOVES THAT AMERICANS LOVE THEIR WIRELESS GADGETS. The security flap over President Obama's desire to keep his Blackberry while in office was a top-level illustration. And while the Food and Drug Administration, Federal Communications Commission, Federal Trade Commission and Environmental Protection Agency continue a decades-long double-talk about wireless safety that rivals Abbott and Costello's Hall of Famed 'Who's on First?' routine, unsuspecting consumers are blindly absorbing the collateral damage."
[Read More]
Court rules that man's tumour is related to phone use in Italy
Publication Date: 18th December 2009 | View full document
Today, for the first time, a Labour Tribunal recognized the occupational origin of the illness of a man who for ten years was a company executive in Brescia. He worked for long hours using a mobile and a cordless phone.
Today, for the first time, a Labour Tribunal recognized the occupational origin of the disease of a man who for ten years was a company executive in Brescia. He worked for long hours using a cell phone and a cordless phone. The man, Innocenzo Marcolini, 57, had a benign tumor on the trigeminal nerve. Surgery saved him but the consequences on his quality of life are terrible. He is partially compensated by this victory against INAIL (the Italian Labour Insurance) that recognizes the 80% of disability caused by his occupation. This is the first time a judge has recognized the causal link and the subsequent declaration of disability due to occupational exposure to EMFs.
The information on this court case comes from the biologist Angelo Levis, Professor of Mutagenesis at the University of Padua, an authority on the effects of EMFs on human health. He and Joseph Grasso, a neurosurgeon from Brescia, were called as expert witnesses for the plaintiff. He recounts that he was contacted three years ago by two people, one from Brescia and one from Cremona, who had very similar jobs to that of Mr Innocenzo Marcolini. They worked in customer services, and made extensive use of cordless and mobile phones. While writing with the right hand, they kept the telephone to the left ear. The man from Cremona developed a malignant parotid tumour, while the man from Brescia had a benign tumour involving the trigeminal ganglion. In both cases the tumour developed on the left side of the head.
[Read More]
New Zealand governmental committee makes formal recommendations to government
Publication Date: 25th November 2009 | View full document
Based on three petitions, one of which received over 3,000 signatures, the Local Government and Environment Committee in New Zealand has issued a document to the national government with the following recommendations:
1.That it consider whether a review of the New Zealand Standard for Radiofrequency Fields (NZS 2772:Part 1:1999) is necessary to ensure that it is still in line with world's best practice
2.That it review the membership of the Government's Interagency Committee on the Health Effects of Non-Ionising Fields to ensure better community representation and expertise in risk assessment
3.That it consider how the regulatory environment might be improved so that the development of infrastructure can proceed in a way that safeguards community interests
4.That it explore with the telecommunications industry how better incentives can be provided to encourage shared use of telecommunication sites and towers, such as co-siting and co-location arrangements, while safeguarding community interests.
[Read More]
Court says cities have the right to bar telecommunications towers
Publication Date: 6th November 2009 | View full document
The District of Columbia Court of Appeals has returned a partial procedural legal victory for those seeking claims against cell phone manufacturers for brain tumors.
The link above and the attached file contain the United States District of Columbia Court of Appeals decision regarding six plaintiff cases where brain cancer was allegedly caused by cell phone use. The cases have been referred from court to court since 2001, with many procedural victories achieved under the competent work of the Morganroth firm. Most recently, in 2007, these six cases were dismissed by the District of Columbia Superior Court on the basis of federal pre-emption (The notion that federal regulations administered through the Federal Communications Commission bar any state court claims against cell phone companies for health damages allegedly caused by the phones.) This District of Columbia appellate court has clarified where federal law does and does not preempt state actions. Overall this is good news for those who believe their suffering is caused by cell phones in that it provides a roadmap to potential recovery.
The Court of Appeals summary statement:
".... For the foregoing reasons, we conclude that plaintiffs' claims that are premised upon allegations that defendants' FCC-certified cell phones are unreasonably "dangerous" because of RF radiation are barred under the doctrine of conflict preemption. Plaintiffs' claims with respect to their pre-1996 cell phones (or other allegedly non-FCC-compliant cell phones), and at least some of their claims under the CPPA that defendants have made affirmative misrepresentations or material omissions with respect to plaintiffs' cell phones, are not preempted. Accordingly, the udgment of the Superior Court dismissing the Complaints is Affirmed in part and reversed in part, and the matter is remanded for further proceedings consistent with this opinion."
The practical meaning of this complex decision is that those suffering ill effects allegedly caused by cell phones that were purchased prior to 1996, and cell phones purchased after 1996 that can be proven to be in violation of the FCC SAR guideline, have potential pathways to recovery of money damages. In addition, the appellate court rejected the notion that federal law supersedes a state's right to require cell phone companies to make full disclosures regarding the potential dangers of cell phones. The court further decided that state regulatory actions with respect to cell phone emissions are not preempted, leaving open the door for state-based legislative actions regarding warnings and notifications.
[Read More]
Court says cities have the right to bar telecommunications towers
Publication Date: 9th June 2009 | View full document
In Palos Verdes Estates, where the first home builders 80 years ago had to pass muster before an "art jury," it came as little surprise when city fathers nixed wireless telecommunications contraptions that would clash with the community's carefully nurtured a
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ericgeneric
Member
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# Posted: 24 Sep 2010 22:15
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"Conservative planning green paper
Publication Date: 10th April 2010 | View full paper
David Cameron and Caroline Spelman recently published the Conservative Party's Planning Green Paper entitled Open Source Planning. This document outlines their current position on mobile phone masts. The relevant section to mobile phone masts is produced in full below.
Mobile phone masts are an important part of the nation's infrastructure, especially given the growing demand for mobile data services. But there has been significant public concern about masts being erected with little consultation and in an insensitive manner. We believe that all types of mobile phone masts in England (including Network Rail, TETRA and small / pico masts) must be subject to the same, full planning process as other forms of development, so giving local communities a greater say on where they are located. We will also review the case for greater incentives for operators to share masts and allow domestic roaming, and will investigate new technologies, such as WiMAX and wireless broadband, which have the potential to reduce the number of new masts required. And we will review potential health issues related to mobile phone masts in the light of ongoing scientific research."
Well, perhaps he should share this more enlightened approach with his party's MPs. Ours couldn't have been less interested in the problems being caused by masts, or the technically illegal process involved in putting it up against the community's will. I still believe that important protocol was not followed when our mast was erected; the council were obviously feeling guilty enough to remove all trace of evidence proving that they did not follow the correct procedure, once I'd found it and challenged them about it!
EG.
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ericgeneric
Member
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# Posted: 23 Mar 2011 00:11
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Hello Mike, it's a shockingly familar scenario isn't it. They are doing this all over the country (and the world), with god knows what consequences.
I've been reading your site; is the reply from NR a direct result of your MPs intervention, or a separate thing? ie is that all he is prepared to do on your behalf? (Our own MP is a disgrace in this sense...absolutely no interest at all...just handed over all our personal details/correspondence to the telecom company!).
100m is far too close to anyone's home; our mast is the same distance and it's crippling. My family are all starting to look like radiation victims with our skin and breathing problems.
The HPA are, sadly, a bad joke. They will only give some nonsense about "radio waves" and suggest it's all in your mind (other ES sufferers have had this kind of attitude from them).
Credit for setting up your website, and please keep us updated on what happens with the testing, the TV show and the MP. These telecom people cannot continue to get away with this insanity.
EG.
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